News Updates
Conditional Bail May Be Granted For Non-Bailable Offences U/S 439 CrPC If Considerable Progress In Investigation: Andhra Pradesh High Court
In a recent case, the Andhra Pradesh High Court in exercise of its special power under Section 439 of CrPC granted conditional bail to the petitioner who was accused of a non-bailable offence as there had been considerable progress in the investigation since the time of arrest. The criminal petition was filed under Section 439 of the Code of Criminal Procedure to...
State Govt Bound To Consider Requests For "Bharat Series" Registration Of Vehicles: Kerala High Court
The Kerala High Court has ruled that the State government is bound to consider the application of the petitioner for registration of his vehicle with a 'Bharat series' number since the Centre had already brought it into implementation.Justice Sathish Ninan also clarified that the fact that the State was yet to finalise the tax payable for such registration was immaterial to consider...
Caste-Based Insult Over Telephone Conversation Not An Offence U/S 3 SC/ ST Act If Not In "Public View": Andhra Pradesh High Court
The Andhra Pradesh High Court has reiterated that to constitute an offence under Section 3(1)(x) of the Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 (SC & ST Act), there has to be averments that the words have been uttered in view of public with an intention to humiliate the complainant that he belonged to a particular community."In the case on hand, it...
Can GST Be Imposed On Royalty Paid To Govt? Kerala High Court To Consider
The Kerala High Court has admitted a plea that has raised significant questions of whether royalty paid to the government qualifies as tax and if GST can be imposed on such royalty. The petitioner is engaged in the business of quarrying granite stones as per the quarrying lease granted to them by the Government under Rule 32 of erstwhile Kerala Minor Mineral Concession Rules 1967. As per...
Engagement Of Child Not Offence U/S 11 Of Child Marriage Act: Rajasthan High Court Quashes Criminal Proceedings Against Father
The Rajasthan High Court observed that Section 11 of the Prohibition of Child Marriage Act, 2006 makes it abundantly clear that organising marriage is a sine qua non to constitute an offence under the Act. However, mere engagement of a child in any case does not amount to an offence under Section 11, added the court. Section 11 of the Act provides punishment for promoting or...
Resolution Professional Can Submit An Additional Report Under Section 99 Of Insolvency And Bankruptcy Code, 2016: NCLAT
NCLAT principal bench comprising of Justice Ashok Bhushan, Dr. Alok Srivastava & Ms. Shreesha Merla in the case of Ramesh Chander Agarwala versus State Bank of India held that the Resolution Professional can submit an additional report under Section 99 of the Insolvency & Bankruptcy Code, 2016. Personal Guarantors of a corporate debtor filed an appeal under Section 61 of the...
Even If Credit Facility Agreement Is Unstamped, Section 7 Petition Is Maintainable, On Proving Financial Debt : NCLAT Principal Bench
The National Company Law Appellate Tribunal ("NCLAT") Principal Bench comprising of Justice Ashok Bhushan (Chairperson), Dr. Alok Srivastava (Technical Member) and Ms. Shreesha Merla (Technical Member), while adjudicating an appeal filed in Aashish Kadam & Anr. v Nagpur Nagarik Sahakari Bank Ltd. & Anr., has held that if a credit facility agreement is unstamped, then petition...
Resolution Professional Is Not Entitled To Fees During Stay On Insolvency Proceedings: NCLAT
NCLAT principal bench comprising of Justice Ashok Bhushan & Ms. Shreesha Merla in the case of IndusInd Bank Ltd. versus Mr. Rajendra K Bhuta held that the Resolution Professional is not entitled for any professional fees during the period of stay on the corporate insolvency resolution process. IndusInd Bank filed an appeal under Section 61 of the Insolvency and Bankruptcy Code,...
Subscription Fee Towards Cloud Services Not Taxable As Royalty: Delhi ITAT
The Delhi Bench of ITAT, consisting of members Anubhav Sharma (Judicial Member) and R.K. Panda (Accountant Member), has ruled that subscription fee received towards Cloud Services is not taxable as royalty. The Microsoft Corporation, USA is the ultimate parent entity of the Assessee MOL Corporation which is incorporated in the United States of America. Due to certain License...
Calcutta High Court Allows 17 Yr Old Rape Victim To Undergo Medical Termination Of Pregnancy
The Calcutta High Court on Wednesday permitted a 17 year old rape victim to undergo medical termination of pregnancy after taking into consideration the report filed by the Child Welfare Committee (CWC) and the report of the concerned Medical Board. Justice Rajasekhar Mantha took on record the report filed by the CWC addressed to the concerned Public Prosecutor, West Bengal wherein it had...
Apple And Malt Cola Fizzy Attracts 28% GST And 12% GST Compensation Cess: Gujarat AAR
The Gujarat Authority of Advance Ruling (AAR) consisting of Atul Mehta and Arun Richard has ruled that 28% GST and 12% GST Compensation Cess are payable on Apple and Malt Cola Fizzy. The applicant, Mohammed Hasanbhai Kabalai, submitted that it intends to supply thermally processed ready-to-serve fruit beverages, which shall be ready-to-serve fruit beverages with different...